Białostockie Studia Prawnicze 2016 vol. 20/A DOI: 10.15290/bsp.2016.20A.en.03 Elżbieta Kużelewska University of Białystok [email protected] Compulsory Voting in Belgium. A Few Remarks on Mandatory Voting Abstract: Democracy is not possible without the participation of citizens in politics. One of the duties required of citizens for development of democracy is the selection of representatives to parliament. Belgium is one of several European countries with compulsory voting. Th e Belgian compulsory voting system is the oldest and the most stable in the world. Although views on mandatory voting are split, it remains in use and non-participation in elections is sanctioned. Th e aim of the article is to analyze compulsory voting in Belgium, identifying the reasons for its introduction and discussing the ongoing debate in that country on whether the practice should be maintained or abolished. Keywords: elections, compulsory voting, Belgium Słowa kluczowe: wybory, przymus wyborczy, Belgia 1. Introducing the term compulsory voting Mandatory voting (compulsory voting, obligatory voting) takes place in many countries in the world. Compulsory voting appears in two forms – as a political or a legal requirement. Th e fi rst form is characteristic of non-democratic countries. Th e legal duty is present in those democratic countries where participation in elections is mandatory. Th ose democratic countries which decided to introduce mandatory voting did it in a bid to increase turnout in general elections. Compulsory voting is a legally binding voting rule, most commonly enshrined at a constitutional level1. It is understood as a requirement to participate in the elections, not the obligation to cast a vote. Despite its name, it carries no requirement to actually vote, just a requirement 1 G. Kryszeń, Przymus wyborczy, “Przegląd Sejmowy” 2004, No. 3(62), p. 63. 37 Elżbieta Kużelewska to turn up and register at a polling station2. Moreover, compulsory voting does not imply the obligation to vote for one of the political parties. A voter may cast a vote (valid or not) at a polling station; they may also refuse to put the ballot paper in the box. According to Lijphart, compulsory voting means just the requirement to turn up at a polling station. Compulsory voting does not require stating a preference. Lijphart regards compulsory voting as less restrictive and onerous for citizens than many other legal requirements, for example the requirement to pay taxes, mandatory education or military service. Not voting means deriving advantages from democracy without personally contributing3. Currently compulsory voting occurs in twenty-nine countries in the world4. Th e fi rst countries (apart from Belgium) to introduce compulsory voting were: Liechtenstein (in 1862), Argentina (1914), Luxemburg (1919) and Australia (1924)5. Additionally, the United States have experimented with compulsory voting (Dakota 1898, Massachusetts 1918)6; Venezuela (in mid 1990s) and the Netherlands (1967) have both abolished compulsory voting. Currently compulsory voting exists in six western European countries: Belgium, Greece, Liechtenstein, Luxemburg, Switzerland (Schaffh ausen canton7) and in Cyprus. Austria, Italy and the Netherlands have abolished it. Non-participation results in more or less onerous sanctions. Compulsory voting (and potential sanctions for failing to take part in elections) directly infl uences turnout. All the twenty-nine countries where voting is compulsory have a high election turnout, approximately 10-15% higher than the countries which have not introduced compulsory voting8. Th erefore there are two elements that comprise the term compulsory voting – the requirement to vote and the sanctions for failing to do so. If a country does not penalise those who do not vote, then compulsory voting requires solely attendance at a polling station and failing to meet this requirement does not result in sanctions 2 A. Lever, Compulsory voting: a critical perspective, “British Journal of Political Science”, March 2009, p. 3. 3 A. Lijphard, Unequal Participation: Democracy’s Unresolved Dilemma, “American Political Science Review” 1997, vol. 91, No. 1, p. 10. 4 http://www.idea.int/vt/compulsory_voting.cfm (accessed on: 18.04.2014.). 5 M. Gratschew, Compulsory Voting in Western Europe, (in:) Voter Turnout in Western Europe, p. 25. 6 S. Jackman, Compulsory Voting, International Encyclopedia of the Social and Behavioral Sciences, p. 3. 7 A. Żukowski, Przymus wyborczy – istota, przesłanki i implikacje, “Prawo i Polityka” 2009, No. 1(1), p. 112. 8 International Institute for Democracy and Electoral Assistance (IDEA), http://www.idea.int/ (accessed on: 18.04.2014). 38 Białostockie Studia Prawnicze 2016 vol. 20/A Compulsory Voting in Belgium. A Few Remarks on Mandatory Voting being applied. In some countries only registered voters have a duty to vote. But the entry onto electoral register is not compulsory9. In the case of Belgium, automatic voting may be a better tactic than compulsory voting. Voters are required to turn up at a polling station where they may return a blank ballot paper. Th erefore ‘abstaining from voting’ does not have a special signifi cance in the voting terminology in Belgium. Th e abstaining votes are regarded as empty or invalid votes. It’s the turnout that matters. Th is article aims to analyse compulsory voting in Belgium, showcasing the reasons for introducing mandatory voting and to familiarise the reader with the debate over maintaining or abolishing mandatory voting in that country. 2. Th e evolution of elections legislation in Belgium Elections in Belgium were census based. In 1891 only 1% of the members of the society were eligible to vote (men over 25 years of age and paying land tax)10. According to the 1830 elections regulations, voters voted in the seat of the authorities of their constituency. Th e distance from home, the timing of the elections, as well as lack of political awareness of part of the electorate were the reasons for declining election turnout11. Th e reformed Constitution of 1893 abolished the property requirement and introduced mandatory, multi-party elections. Men over 25 had two or three votes12. Fathers and landowners, as well as higher education diploma holders, were privileged in the number of votes they had. Th e changes were championed by three political parties: Partie ouvrier belge, Parti liberal and some of the democrats from the Parti catholique13. Between 1919-1948 only men were eligible to vote still, but all had only the one vote and the minimum age requirement was lowered to 21. Mandatory voting was introduced in 1893. Each person on the electoral register is required to participate in elections14. Between 1948 and 1981 both men and women 9 M. Gratschew, Compulsory Voting…, op. cit., p. 26. 10 R. Jankowska, Głosowanie obowiązkowe a demokracja. Przykład Królestwa Belgii, (in:) S. Wróbel (ed.), Dyle- maty współczesnej demokracji, Toruń 2011, p. 321 11 Konstytucja Królestwa Belgii, Translation and introduction W. Skrzydło, Warszawa 2010, p. 11. 12 A. Głowacki, System konstytucyjny Belgii, Warszawa 1997, p. 7. 13 J.-B. Pilet, Choosing compulsory voting in Belgium: strategies and ideas combined, http://ecpr. eu/Filestore/Pa- perProposal/53cb7c8c-38e0-4a02-8cdc-47d70494182f.pdf, 2007, (accessed on: 20.04.2014) pp. 3-4. 14 Art. 105-107 the Electoral Code of Belgium of 12th April 1894 [Code Lectoral de 12 avril 1894], Interieur 15.04.1894, nr 1894041255, p. 1121, http://www.ejustice. just.fgov.be/cgi_loi/loi_a1.pl?language=fr&la=F&c- n=1894041230&table_ name=loi&&caller=list&fromtab=loi&tri=dd+AS+RANKLNK0001 (accessed on: 20.04.2014 .). Białostockie Studia Prawnicze 2016 vol. 20/A 39 Elżbieta Kużelewska over 21 could vote in general elections. Th e age requirement for both genders was reduced to 18 in 198115. Belgium was the fi rst country in the world to have replaced the fi rst-past-the post electoral system with proportional representation16. Th e principle of proportionality and confi dentiality of elections was introduced into the Constitution in 192017. Article 62 of the Belgian Constitution states unequivocally that voting is mandatory and secret18. 3. Th e introduction of compulsory voting in Belgium Compulsory voting has been in existence in Belgium since 189319 and extends to cover the elections to the European Parliament20. Belgium was the fi rst country in the world where, the duty to vote extended nationally. Before that voting was mandatory in some Swiss cantons but not at a national scale21. Until 1893 voting was not compulsory in Belgium. An appropriate amendment was introduced in to the Belgian Constitution in order to for “the views and attitudes of the society to be as fully refl ected as possible to enable the Parliament to be representative and secure strong democratic representation”22. Essentially, compulsory voting was introduced in order to popularise the idea of voting amongst uneducated parts of society and to prevent employers from denying the workers the right to vote by detaining them at work. Compulsory voting stemmed from a view that each citizen has a duty to take an interest in the matters of state, especially given the fact that in 1861 in Brussels 15 J. Stengert, Histoire de la législation électorale en Belgique, Revue belge de philologie et d’histoire. Tome 82 fasc. 1-2, 2004. Histoire medievale, moderne et contemporaine – Middeleeuwse. moderne en hedendaagse geschie- denis, p. 248. 16 M. Hooghe, K. Deschouwer, Veto Players and Electoral Reform in Belgium, “West European Politics”, 2011, vol. 34(3), p. 628. 17 A. Młynarska-Sobaczewska, Prawo wyborcze do parlamentu Królestwa Belgii, (in:) S. Grabowska, K. Składowski (eds.), Prawo wyborcze do parlamentu w wybranych państwach europejskich, Kraków 2006, p. 80. 18 Konstytucja Królestwa Belgii…, op. cit. 19 J. Briggs, K.Celis, For or Against: Compulsory Voting in Britain and Belgium, “Social and Public Policy Review” 2010, 4(1), p. 2 20 P. van Aelst, J. Lefevere, Has Europe got anything to do with the European elections? A study on split-ticket voting in the Belgian regional and European elections of 2009, “European Union Politics” 2012, vol.